Preview
FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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157 EAST HOUSTON ST LLC,
-Plaintiff,
-against- Index No.
CALLE CATORCE, LLC, QUIMERA RESTAURANT SUMMONS
GROUP LLC, QUIMERA 999 ATLANTIC LLC, AND
HECTOR SANZ,
-Defendants.
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To the above-named defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiffs attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, NY
February 2, 2018
William W. Chuang, Esq.
Jakubowitz & Chuang LLP
325 Broadway, Suite 301
New York, NY 10007
Tel.: (212) 898-3700
Email: william@jclawllp.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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157 EAST HOUSTON ST LLC,
-Plaintiff,
-against- Index No.
CALLE CATORCE, LLC, QUIMERA RESTAURANT VERIFIED COMPLAINT
GROUP LLC, QUIMERA 999 ATLANTIC LLC, AND
HECTOR SANZ,
-Defendants.
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Plaintiff 157 East Houston St LLC, by and through their undersigned attorneys, as and for
its complaint against Defendants Calle Catorce, LLC, Quimera Restaurant Group LLC, Quimera
999 Atlantic LLC, and Hector Sanz, states and alleges as follows:
NATURE OF THE ACTION
1. This action is brought by the landlord of a building against a commercial tenant, the personal
guarantor of the lease, and related businesses that are in possession of the landlord's
property. At the time tenant entered into the lease, the demised premises were fully
furnished, and the lease obligated the tenant to restore the premises to the condition they took
itin. However, when the tenant vacated the demised premises, the defendants removed
furniture, fixtures, trade fixtures, and personal property belonging to the landlord. Defendants
did not repair the damage to the demised premises caused by its removal of the fixtures and
trade fixtures. Plaintiff seeks to recover back and owing rent, added rent, and attorney fees as
Defendants'
set forth in the lease. Furthermore, Plaintiff seeks damages relating to Defendants
Defendants'
conversion of fixtures and other property belonging to the Plaintiff, and failure
to repair and restore the rented premises pursuant to the lease.
I
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VENUE
2. Venue is proper in this county because one of the Defendants has consented to suit here.
Furthermore, the acts complained of herein occurred wholly within this county.
PARTIES
3. Plaintiff 157 East Houston St LLC is a limited liability company duly formed and existing
under the laws of the State of New York. At all relevant times, Plaintiff was the owner and
landlord of the building located at 157 East Houston Street, New York, NY. Hereinafter,
"Landlord."
Plaintiff will be referred to as the
4. Upon information and belief, Defendant Calle Catorce LLC is a limited liability company
duly formed and existing under the laws of the State of New York. Hereinafter, Defendant
"Tenant."
Calle Catorce LLC will be referred to as the
5. Upon information and belief, Defendant Quimera Restaurant Group LLC is a limited liability
company duly formed and existing under the laws of the State of New York. Hereinafter,
Restaurant."
Defendant Quimera Restaurant Group LLC will be referred to as "Quimera
6. Upon information and belief, Defendant Quimera 999 Atlantic LLC is a limited liability
company duly formed and existing under the laws of the State of New York. Hereinafter,
999."
Defendant Quimera Restaurant Group LLC will be referred to as "Quimera
7. Defendant Hector Sanz is a natural person. Upon information and belief, Mr. Sanz resides at
999 Atlantic Avenue, Brooklyn, NY 11238. Hereinafter, Mr. Sanz will be referred to as the
"Guarantor."
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FACTS COMMON TO ALL COUNTS
"Lease"
8. Defendant Calle Catorce LLC entered into a lease dated as of March 1, 2017 (the "Lease")
with Landlord for the ground floor store located at 157 East Houston Street, New York, NY
"Premises"
(the "Premises"). A copy of the Lease is annexed hereto as Exhibit A.
9. The Guarantor signed an agreement guaranteeing to the Landlord the full performance of the
Guaranty"
Tenant's obligations under Lease ("the Guaranty"), which is annexed hereto as Exhibit B.
10. The Premises was fully furnished at the time that Tenant took possession of the Premises.
Upon vacating the Premises, Tenant and Defendants destroyed the Premises by looting and
removing almost of all of the furniture, fixtures, trade fixtures, and property in the Premises.
11. Tenant began to fall behind in the payment of rent soon after entering into the Lease. In
August, 2017, Landlord initiated a nonpayment summary eviction action against Tenant with
the index number LT-070806/17 in the Civil Court of the of New York. The landlord-
City
tenant action was settled by a stipulation of settlement dated October 19, 2017, a copy of
which is annexed hereto as Exhibit C. Pursuant to the stipulation of settlement, "all monetary
claims are severed and preserved, and all claims of petitioner [Landlord] for any sums
preserved."
hereafter becoming due under the lease are retained and
12. Tenant surrendered the Premises to the Landlord on or about November 7, 2017. While
vacating the Premises, Defendants removed furniture, fixtures, trade fixtures, and other
property from the Premises that belonged to the Landlord. Defendants even removed the
heating system that served the Premises.
Defendants'
13. Significant damage was inflicted upon the Premises due to careless and
negligent removal of the furniture, fixtures, and trade fixtures.
14. Defendants did not repair the damage caused to the Premises by the removal of the furniture,
fixtures, and trade fixtures.
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15. Defendants did not restore or maintain the Premises in the condition that itwas in when
Tenant took possession of the Premises.
16. Upon information and belief, Defendants took and currently maintains possession of the
furniture, fixtures, and trade fixtures removed from the Premises.
17. Upon information and belief, the Guarantor is the sole member of the Tenant.
18. Upon information and belief, the Guarantor is the sole officer of the Tenant.
19. Upon information and belief, the Tenant did not keep company records.
20. Upon information and belief, the Tenant did not hold member meetings.
21. Upon information and belief, the Tenant did not have bylaws or an operating agreement.
22. Upon information and belief, the Guarantor is the sole member of Quimera Restaurant.
23. Upon information and belief, the Guarantor is the sole officer of Quimera Restaurant.
24. Upon information and belief, Quimera Restaurant did not keep company records.
25. Upon information and belief, Quimera Restaurant did not hold member meetings.
26. Upon information and belief, Quimera Restaurant did not have bylaws or an operating
agreement.
27. Upon information and belief, the Guarantor is the sole member of Quimera 999.
28. Upon information and belief, the Guarantor is the sole officer of Quimera 999.
29. Upon information and belief, Quimera 999 did not keep company records.
30. Upon information and belief, Quimera 999 did not hold member meetings.
31. Upon information and belief, Quimera 999 did not have bylaws or an operating agreement.
FIRST COUNT: BREACH OF CONTRACT
32. Plaintiff realleges each and every allegation set forth above as though set forth fully herein.
33. The Lease is a valid and enforceable agreement between Plaintiff and Tenant.
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34. Plaintiff performed all of its obligations under the Lease.
35. By failing to pay the sums owed pursuant to the Lease, or to otherwise perform the duties and
obligations as set forth in the Lease, and by the acts, practices, and omissions described above,
the Tenant breached the Lease.
36. The Guaranty was a valid and enforceable agreement between Plaintiff and the Guarantor.
37. The Guarantor received valid consideration for the Guaranty, as Landlord entered into the
Lease with the Tenant in reliance on the Guaranty.
38. Plaintiff performed all of its obligations under the Guaranty.
39. By failing to pay the sums owed by the Tenant, or to otherwise perform the duties and
obligations of the Tenant as set forth in the Lease, and by the acts, practices, and omissions
described above, the Guarantor breached the Guaranty.
40. As a result of the breach by Tenant and the Guarantor, Plaintiff has been injured in an amount
to be determined at trial, but believed to be no less than $400,000.00.
SECOND COUNT: UNJUST ENRICHMENT
41. Plaintiff realleges each and every allegation set forth above as though set forth fully herein.
42. Upon information and belief, the Defendants benefitted from the failure of the Defendants to
pay rent, and to otherwise perform itsobligations under the Lease.
Plaintiffs'
43. Upon information and belief, the Defendants benefitted from removing the Plaintiffs
furniture, fixtures, trade fixtures, and property from the Premises.
44. Upon information and belief, the Defendants benefitted from not maintaining the Premises in
the same condition that itwas in when they took possession thereof.
45. By the acts, practices, and omissions set forth above, the Defendants unjustly enriched
themselves against equity and good conscience.
Defendants'
46. As a result of the Defendants acts, practices, and omissions, the Plaintiff was injured.
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47. Itwould be inequitable, unjust, and contrary to good conscience to permit the Defendants to
retain the rent and other damages to the Plaintiff that the Defendants did not pay as a result of
their acts, practices, and omissions.
48. Itwould be inequitable, unjust, and contrary to good conscience to permit the Defendants to
keep the furniture, fixtures, trade fixtures that the Defendants removed from the Premises in
violation of the Lease, Guaranty, and the common law.
49. As a result of the foregoing, Plaintiff has suffered damages in an amount to be determined at
trial,but believed to be no less than $400,000.00.
THIRD COUNT: PIERCING THE CORPORATE VEIL
50. Plaintiff realleges each and every allegation set forth above as though set forth fully herein.
51. Upon information and belief, the Guarantor has abused the privilege of doing business by
deliberately undercapitalizing the Tenant, Quimera Restaurant, and Quimera 999, and
otherwise commingling the assets of the Tenant, Quimera Restaurant, and Quimera 999 with
his own assets.
52. Upon information and belief, the Guarantor diverted assets from the Tenant so as to render
the Tenant inadequately capitalized. Upon information and belief, the Guarantor caused the
Tenant to make preferential payments and transfers to himself so as to render the Tenant
inadequately capitalized.
53. Upon information and belief, the Guarantor diverted assets from Quimera Restaurant so as to
render Quimera Restaurant inadequately capitalized. Upon information and belief, the
Guarantor caused Quimera Restaurant to make preferential payments and transfers to himself
so as to render Quimera Restaurant inadequately capitalized.
54. Upon information and belief, the Guarantor diverted assets from Quimera 999 so as to render
Quimera 999 inadequately capitalized. Upon information and belief, the Guarantor caused
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Quimera 999 to make preferential payments and transfers to himself so as to render Quimera
999 inadequately capitalized.
55. Upon information and belief, the Guarantor diverted assets from Tenant to Quimera
Restaurant and Quimera 999 so as to render the Tenant inadequately capitalized.
56. Upon information and belief, the Guarantor disregarded the corporate structure with regard to
the operation of the Tenant, Quimera Restaurant, and Quimera 999.
57. Upon information and belief, the Guarantor exercised complete dominion and control over
the Tenant, Quimera Restaurant, and Quimera 999.
58. Upon information and belief, the Guarantor has exercised complete domination and control
over the Tenant, Quimera Restaurant, and Quimera 999 with regards to the actions as alleged
above.
59. Upon information and belief, the Tenant, Quimera Restaurant, and Quimera 999 were the
alter egos of the Guarantor. The dominion exercised by the Guarantor was used to commit a
wrong against Plaintiff, and resulted in Plaintiff's injury. As such, the Guarantor is personally
responsible for the damages caused to the Plaintiff by the Tenant, Quimera Restaurant, and
Quimera 999 as set forth above.
60. As a result of the foregoing, Plaintiff has suffered damages in an amount to be determined at
trial,but believed to be no less than $400,000.00.
FOURTH COUNT: CONVERSION
61. Plaintiff realleges each and every allegation set forth above as though set forth fully herein.
62. Defendants knowingly took possession of furniture, fixtures, trade fixtures, and other
property belonging to the Plaintiff without Plaintiff's permission.
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63. Plaintiff, as the owner of the furniture, fixtures, trade fixtures, and other property removed
from the Premises by the Defendants, has an immediate right to possession of the same that
is superior to that of the Defendants.
64. Defendants have exercised unauthorized dominion over the furniture, fixtures, trade fixtures,
and other property removed from the Premises, and have knowingly and intentionally
Plaintiffs'
interfered with superior right to possession of the same.
65. As a result of the foregoing, Plaintiff has suffered damages in an amount to be determined at
trial,but believed to be no less than $400,000.00.
FIFTH COUNT: REPLEVIN
66. Plaintiff realleges each and every allegation set forth above as though set forth fully herein.
67. By virtue of the above, Plaintiff is entitled to possession of the furniture, fixtures, trade
fixtures, and other property removed from the Premises by Defendants. Upon information
and belief, Defendants are holding the same in a restaurant operated by Defendants.
68. Plaintiff has demanded the return of the furniture, fixtures, trade fixtures, and other property
and Defendants have refused.
69. Plaintiff knows of no defense to the claim.
70. Plaintiff is entitled to an order of seizure authorizing the sheriff to enter the restaurants
owned by the Defendants and to seize the furniture, fixtures, trade fixtures, and other
property, and them over to Plaintiffs during the pendency of this action.
WHEREFORE, Plaintiff seeks: a judgment in its favor and against the Defendants for
every count in this Complaint; a judgment of money damages against Defendants in an amount
to be determined at trial;an order compelling Defendants to return to Plaintiff its furniture,
Defendants'
fixtures, trade fixtures, and other property; an order for a sheriff to enter restaurants
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and to remove Plaintiff's furniture, fixtures, trade fixtures, and other property and turn them over
to Plaintiffs for the pendency of this action; and for any further relief that the Court deems proper
and just.
Dated: New York, NY
January 22, 2018
William W. Chuang, Esq.
Jakubowitz & Chuang LLP
Attorney for Plaintiffs
325 Broadway Suite 301
New York, NY 10007
Tel.: (212) 898-3700
Email: william@jclawllp.com
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CORPORATE VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss:
JOSHUA LEBEWOHL, being duly sworn and deposed, says that he isauthorized to act
on behalf of 157 EAST HOUSTON ST LLC, that he has read the foregoing VERIFIED
COMPLAINT, that he knows the contents thereof, and that the same is true to his knowledge,
except as to those matters therein stated to be alleged upon information and belief, and as to
those matters, he believes them to be true.
JOSHUA LEBEWOHL
Sworn to before me this As £35
day of January, 2018
C'.
jg. c~c~ .t=
y ip ~'$'f
lic
Nothty
TERRY A. WACHTEL
Public, State of New York
Notary
No. 01WA4919186
Qualified inNew York County
Expires February 28, 2
Cornrnission
1
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Preview
FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X 157 EAST HOUSTON ST LLC, -Plaintiff, -against- Index No. CALLE CATORCE, LLC, QUIMERA RESTAURANT SUMMONS GROUP LLC, QUIMERA 999 ATLANTIC LLC, AND HECTOR SANZ, -Defendants. -----------------------------------------------------------------------X To the above-named defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, NY February 2, 2018 William W. Chuang, Esq. Jakubowitz & Chuang LLP 325 Broadway, Suite 301 New York, NY 10007 Tel.: (212) 898-3700 Email: william@jclawllp.com 1 1 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X 157 EAST HOUSTON ST LLC, -Plaintiff, -against- Index No. CALLE CATORCE, LLC, QUIMERA RESTAURANT VERIFIED COMPLAINT GROUP LLC, QUIMERA 999 ATLANTIC LLC, AND HECTOR SANZ, -Defendants. -----------------------------------------------------------------------X Plaintiff 157 East Houston St LLC, by and through their undersigned attorneys, as and for its complaint against Defendants Calle Catorce, LLC, Quimera Restaurant Group LLC, Quimera 999 Atlantic LLC, and Hector Sanz, states and alleges as follows: NATURE OF THE ACTION 1. This action is brought by the landlord of a building against a commercial tenant, the personal guarantor of the lease, and related businesses that are in possession of the landlord's property. At the time tenant entered into the lease, the demised premises were fully furnished, and the lease obligated the tenant to restore the premises to the condition they took itin. However, when the tenant vacated the demised premises, the defendants removed furniture, fixtures, trade fixtures, and personal property belonging to the landlord. Defendants did not repair the damage to the demised premises caused by its removal of the fixtures and trade fixtures. Plaintiff seeks to recover back and owing rent, added rent, and attorney fees as Defendants' set forth in the lease. Furthermore, Plaintiff seeks damages relating to Defendants Defendants' conversion of fixtures and other property belonging to the Plaintiff, and failure to repair and restore the rented premises pursuant to the lease. I 2 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 VENUE 2. Venue is proper in this county because one of the Defendants has consented to suit here. Furthermore, the acts complained of herein occurred wholly within this county. PARTIES 3. Plaintiff 157 East Houston St LLC is a limited liability company duly formed and existing under the laws of the State of New York. At all relevant times, Plaintiff was the owner and landlord of the building located at 157 East Houston Street, New York, NY. Hereinafter, "Landlord." Plaintiff will be referred to as the 4. Upon information and belief, Defendant Calle Catorce LLC is a limited liability company duly formed and existing under the laws of the State of New York. Hereinafter, Defendant "Tenant." Calle Catorce LLC will be referred to as the 5. Upon information and belief, Defendant Quimera Restaurant Group LLC is a limited liability company duly formed and existing under the laws of the State of New York. Hereinafter, Restaurant." Defendant Quimera Restaurant Group LLC will be referred to as "Quimera 6. Upon information and belief, Defendant Quimera 999 Atlantic LLC is a limited liability company duly formed and existing under the laws of the State of New York. Hereinafter, 999." Defendant Quimera Restaurant Group LLC will be referred to as "Quimera 7. Defendant Hector Sanz is a natural person. Upon information and belief, Mr. Sanz resides at 999 Atlantic Avenue, Brooklyn, NY 11238. Hereinafter, Mr. Sanz will be referred to as the "Guarantor." 3 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 FACTS COMMON TO ALL COUNTS "Lease" 8. Defendant Calle Catorce LLC entered into a lease dated as of March 1, 2017 (the "Lease") with Landlord for the ground floor store located at 157 East Houston Street, New York, NY "Premises" (the "Premises"). A copy of the Lease is annexed hereto as Exhibit A. 9. The Guarantor signed an agreement guaranteeing to the Landlord the full performance of the Guaranty" Tenant's obligations under Lease ("the Guaranty"), which is annexed hereto as Exhibit B. 10. The Premises was fully furnished at the time that Tenant took possession of the Premises. Upon vacating the Premises, Tenant and Defendants destroyed the Premises by looting and removing almost of all of the furniture, fixtures, trade fixtures, and property in the Premises. 11. Tenant began to fall behind in the payment of rent soon after entering into the Lease. In August, 2017, Landlord initiated a nonpayment summary eviction action against Tenant with the index number LT-070806/17 in the Civil Court of the of New York. The landlord- City tenant action was settled by a stipulation of settlement dated October 19, 2017, a copy of which is annexed hereto as Exhibit C. Pursuant to the stipulation of settlement, "all monetary claims are severed and preserved, and all claims of petitioner [Landlord] for any sums preserved." hereafter becoming due under the lease are retained and 12. Tenant surrendered the Premises to the Landlord on or about November 7, 2017. While vacating the Premises, Defendants removed furniture, fixtures, trade fixtures, and other property from the Premises that belonged to the Landlord. Defendants even removed the heating system that served the Premises. Defendants' 13. Significant damage was inflicted upon the Premises due to careless and negligent removal of the furniture, fixtures, and trade fixtures. 14. Defendants did not repair the damage caused to the Premises by the removal of the furniture, fixtures, and trade fixtures. 4 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 15. Defendants did not restore or maintain the Premises in the condition that itwas in when Tenant took possession of the Premises. 16. Upon information and belief, Defendants took and currently maintains possession of the furniture, fixtures, and trade fixtures removed from the Premises. 17. Upon information and belief, the Guarantor is the sole member of the Tenant. 18. Upon information and belief, the Guarantor is the sole officer of the Tenant. 19. Upon information and belief, the Tenant did not keep company records. 20. Upon information and belief, the Tenant did not hold member meetings. 21. Upon information and belief, the Tenant did not have bylaws or an operating agreement. 22. Upon information and belief, the Guarantor is the sole member of Quimera Restaurant. 23. Upon information and belief, the Guarantor is the sole officer of Quimera Restaurant. 24. Upon information and belief, Quimera Restaurant did not keep company records. 25. Upon information and belief, Quimera Restaurant did not hold member meetings. 26. Upon information and belief, Quimera Restaurant did not have bylaws or an operating agreement. 27. Upon information and belief, the Guarantor is the sole member of Quimera 999. 28. Upon information and belief, the Guarantor is the sole officer of Quimera 999. 29. Upon information and belief, Quimera 999 did not keep company records. 30. Upon information and belief, Quimera 999 did not hold member meetings. 31. Upon information and belief, Quimera 999 did not have bylaws or an operating agreement. FIRST COUNT: BREACH OF CONTRACT 32. Plaintiff realleges each and every allegation set forth above as though set forth fully herein. 33. The Lease is a valid and enforceable agreement between Plaintiff and Tenant. 5 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 34. Plaintiff performed all of its obligations under the Lease. 35. By failing to pay the sums owed pursuant to the Lease, or to otherwise perform the duties and obligations as set forth in the Lease, and by the acts, practices, and omissions described above, the Tenant breached the Lease. 36. The Guaranty was a valid and enforceable agreement between Plaintiff and the Guarantor. 37. The Guarantor received valid consideration for the Guaranty, as Landlord entered into the Lease with the Tenant in reliance on the Guaranty. 38. Plaintiff performed all of its obligations under the Guaranty. 39. By failing to pay the sums owed by the Tenant, or to otherwise perform the duties and obligations of the Tenant as set forth in the Lease, and by the acts, practices, and omissions described above, the Guarantor breached the Guaranty. 40. As a result of the breach by Tenant and the Guarantor, Plaintiff has been injured in an amount to be determined at trial, but believed to be no less than $400,000.00. SECOND COUNT: UNJUST ENRICHMENT 41. Plaintiff realleges each and every allegation set forth above as though set forth fully herein. 42. Upon information and belief, the Defendants benefitted from the failure of the Defendants to pay rent, and to otherwise perform itsobligations under the Lease. Plaintiffs' 43. Upon information and belief, the Defendants benefitted from removing the Plaintiffs furniture, fixtures, trade fixtures, and property from the Premises. 44. Upon information and belief, the Defendants benefitted from not maintaining the Premises in the same condition that itwas in when they took possession thereof. 45. By the acts, practices, and omissions set forth above, the Defendants unjustly enriched themselves against equity and good conscience. Defendants' 46. As a result of the Defendants acts, practices, and omissions, the Plaintiff was injured. 6 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 47. Itwould be inequitable, unjust, and contrary to good conscience to permit the Defendants to retain the rent and other damages to the Plaintiff that the Defendants did not pay as a result of their acts, practices, and omissions. 48. Itwould be inequitable, unjust, and contrary to good conscience to permit the Defendants to keep the furniture, fixtures, trade fixtures that the Defendants removed from the Premises in violation of the Lease, Guaranty, and the common law. 49. As a result of the foregoing, Plaintiff has suffered damages in an amount to be determined at trial,but believed to be no less than $400,000.00. THIRD COUNT: PIERCING THE CORPORATE VEIL 50. Plaintiff realleges each and every allegation set forth above as though set forth fully herein. 51. Upon information and belief, the Guarantor has abused the privilege of doing business by deliberately undercapitalizing the Tenant, Quimera Restaurant, and Quimera 999, and otherwise commingling the assets of the Tenant, Quimera Restaurant, and Quimera 999 with his own assets. 52. Upon information and belief, the Guarantor diverted assets from the Tenant so as to render the Tenant inadequately capitalized. Upon information and belief, the Guarantor caused the Tenant to make preferential payments and transfers to himself so as to render the Tenant inadequately capitalized. 53. Upon information and belief, the Guarantor diverted assets from Quimera Restaurant so as to render Quimera Restaurant inadequately capitalized. Upon information and belief, the Guarantor caused Quimera Restaurant to make preferential payments and transfers to himself so as to render Quimera Restaurant inadequately capitalized. 54. Upon information and belief, the Guarantor diverted assets from Quimera 999 so as to render Quimera 999 inadequately capitalized. Upon information and belief, the Guarantor caused 7 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 Quimera 999 to make preferential payments and transfers to himself so as to render Quimera 999 inadequately capitalized. 55. Upon information and belief, the Guarantor diverted assets from Tenant to Quimera Restaurant and Quimera 999 so as to render the Tenant inadequately capitalized. 56. Upon information and belief, the Guarantor disregarded the corporate structure with regard to the operation of the Tenant, Quimera Restaurant, and Quimera 999. 57. Upon information and belief, the Guarantor exercised complete dominion and control over the Tenant, Quimera Restaurant, and Quimera 999. 58. Upon information and belief, the Guarantor has exercised complete domination and control over the Tenant, Quimera Restaurant, and Quimera 999 with regards to the actions as alleged above. 59. Upon information and belief, the Tenant, Quimera Restaurant, and Quimera 999 were the alter egos of the Guarantor. The dominion exercised by the Guarantor was used to commit a wrong against Plaintiff, and resulted in Plaintiff's injury. As such, the Guarantor is personally responsible for the damages caused to the Plaintiff by the Tenant, Quimera Restaurant, and Quimera 999 as set forth above. 60. As a result of the foregoing, Plaintiff has suffered damages in an amount to be determined at trial,but believed to be no less than $400,000.00. FOURTH COUNT: CONVERSION 61. Plaintiff realleges each and every allegation set forth above as though set forth fully herein. 62. Defendants knowingly took possession of furniture, fixtures, trade fixtures, and other property belonging to the Plaintiff without Plaintiff's permission. 8 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 63. Plaintiff, as the owner of the furniture, fixtures, trade fixtures, and other property removed from the Premises by the Defendants, has an immediate right to possession of the same that is superior to that of the Defendants. 64. Defendants have exercised unauthorized dominion over the furniture, fixtures, trade fixtures, and other property removed from the Premises, and have knowingly and intentionally Plaintiffs' interfered with superior right to possession of the same. 65. As a result of the foregoing, Plaintiff has suffered damages in an amount to be determined at trial,but believed to be no less than $400,000.00. FIFTH COUNT: REPLEVIN 66. Plaintiff realleges each and every allegation set forth above as though set forth fully herein. 67. By virtue of the above, Plaintiff is entitled to possession of the furniture, fixtures, trade fixtures, and other property removed from the Premises by Defendants. Upon information and belief, Defendants are holding the same in a restaurant operated by Defendants. 68. Plaintiff has demanded the return of the furniture, fixtures, trade fixtures, and other property and Defendants have refused. 69. Plaintiff knows of no defense to the claim. 70. Plaintiff is entitled to an order of seizure authorizing the sheriff to enter the restaurants owned by the Defendants and to seize the furniture, fixtures, trade fixtures, and other property, and them over to Plaintiffs during the pendency of this action. WHEREFORE, Plaintiff seeks: a judgment in its favor and against the Defendants for every count in this Complaint; a judgment of money damages against Defendants in an amount to be determined at trial;an order compelling Defendants to return to Plaintiff its furniture, Defendants' fixtures, trade fixtures, and other property; an order for a sheriff to enter restaurants 9 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 and to remove Plaintiff's furniture, fixtures, trade fixtures, and other property and turn them over to Plaintiffs for the pendency of this action; and for any further relief that the Court deems proper and just. Dated: New York, NY January 22, 2018 William W. Chuang, Esq. Jakubowitz & Chuang LLP Attorney for Plaintiffs 325 Broadway Suite 301 New York, NY 10007 Tel.: (212) 898-3700 Email: william@jclawllp.com 10 of 11 FILED: NEW YORK COUNTY CLERK 02/02/2018 02:41 PM INDEX NO. 650537/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2018 CORPORATE VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss: JOSHUA LEBEWOHL, being duly sworn and deposed, says that he isauthorized to act on behalf of 157 EAST HOUSTON ST LLC, that he has read the foregoing VERIFIED COMPLAINT, that he knows the contents thereof, and that the same is true to his knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters, he believes them to be true. JOSHUA LEBEWOHL Sworn to before me this As £35 day of January, 2018 C'. jg. c~c~ .t= y ip ~'$'f lic Nothty TERRY A. WACHTEL Public, State of New York Notary No. 01WA4919186 Qualified inNew York County Expires February 28, 2 Cornrnission 1 11 of 11